DREWRY v. COMMONWEALTH


191 S.E.2d 178 (1972)

213 Va. 186

Macon Glenn DREWRY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 1, 1972.


Attorney(s) appearing for the Case

Russell P. Robertson, Newport News (Atkinson, Robertson & Wheeler, Newport News, on brief), for plaintiff in error.

Burnett Miller, III, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN and HARMAN, JJ.


CARRICO, Justice.

The defendant, Macon Glenn Drewry, was convicted by the trial court, sitting without a jury, of attempted armed robbery and was sentenced to serve three years in the penitentiary. We granted him a writ of error.

The crucial question for decision is whether the defendant's Sixth Amendment rights were violated when the trial court admitted evidence of an out-of-court photographic identification of the defendant made after arrest and appointment...

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